HomeMy WebLinkAbout9.b. Ordinance B Zoning Text Amendments ' CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: December 2, 1997
AGENDA ITEM: Ordinance B Zoning Text Amendments: AGENDA SECTION:
New Business '
PREPARED BY: Dan Rogness, Community Development Dir. AGEND��� � ('� �
'
ATTACHMENTS: Ordinance Text Amendments APPROVED BY: ,
SUMMARY
The attached zoning ordinance text amendments include modifications resulting from the Planning Commission
discussion and considerable discussion amongst staff including the City Attorney. The amendments include:
Section 3, Definitions with new or in some places modified definitions.
Section 4, which now includes housing standards for single family,multiple family, townhouses and
manufactured housing. Suggestions made at the November 12 Planning Commission meeting for building/unit
off-sets and basements have been included.
Section 6, which details the Agriculture and ResidentialDistricts in the new format; and,
Section 12, which details the Planned Unit Development and Conditional Use Permit processes.
Recent discussions occurring at the November 17 Committee Of The Whole meeting further emphasize the need
to move forward with these enhancements. Staff feels that these changes are a quantum leap forward in terms of
minimum standards.
This memo was prepared prior to the Planning Commission public hearing scheduled for November 25. Staff
will details of the discussion that occurred as necessary. Several Developers were provided with copies of the
proposed ordinance amendment including the Chippendale/42 Partnership and CMC Heartland Partners L
RECOMMENDED ACTION: Motion to adopt the zoning ordinance text amendments for Sections 3,
4, 6 and 12 of the zoning ordinance and to approve the Summary of
Contents far publication.
CITY COUNCIL ACTION:
,
�
ORDINANCE B-
CITY OF ROSEMOUNT
DAKOTA COUNTY,MINNESOTA
AN ORDINANCE AMENDING ORDINANCE B
' CITY OF ROSEMOUNT ZONING ORDINANCE
� The City Council of the City of Rosemount, Minnesota ordains as follows:
SUMMARY OF CONTENTS OF ORDINANCE B-
The City Council of the City of Rosemount on December 16, 1997 adopted an amendment to the Zoning
Ordinance which represents a comprehensive revision to the current residenrial zaning provisions. The
new ordinance provisions represent a continuation of many of the current standards with significant
changes occurring in the organizational layout of the ordinance,creation of a conditional use system and
enhancements to housing standards. This summary, approved by the Rosemount City Council on
December 2, 1997,is a brief section by section description of the new provisions. Printed copies of the
entire text of the Zoning Ordinance, enhanced standards and new provisions are available, for sale or
inspection, at the Rosemount City Hall during regular business hours.
Section 3 (DEFIIVITIONS) This section has been expanded to include new de�nitions relating to
housing and residential uses. Several existing definitions have been clarified.
Section 4(GENERAL REQITIREMENTS) 'This section has been expanded to include requirements
� far townhouses,manufactured home parks and single family detached housing types. In some cases,
these regulations are already in effect,but are organized in a different section of the zoning ordinance.
Section 6(DISTRIC"T USE REGULATIONS) This section expands the existing uses to include
conditional uses and integrates regulations and standards previously located in other sections. No new
use districts are being created,however, some standards are being enhanced.
Section 12(ADMIPTISTRATION AND ENFORCEMEN'1� This section is being expanded to include
the findings and process needed for conditional use permits. Other subsections such as grading permits
have been relocated in other sections.
The effective date of this ordinance shall be after its passage and publication according to law.
ENACTED AND ORDAINED into an Ordinance on the 2nd day of December, 1997.
Susan M. Walsh,City Clerk
City of Rosemount
Dakota County,Minnesota
Published in the Rosemount Town Pages this day of , 1997.
City of Rosemount
Ordinance No. B-
AN ORDINANCE AMENDING ORDINANCE B
CITY OF ROSEMOUNT ZONING ORDINANCE
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, IL�NNESOTA, ORDAINS AS
FOLLOWS:
SECTION 1. Section 3, Definitions, of Ordinance B-City of Rosemount Zoning I
Ordinance, adopted September 19, 1989, is hereby amended to include the following
definitions: '
The following definitions relate to residential districts only. Ambiguity in any definition shall be ,
interpreted in accordance with the Minnesota State Building Code, as adopted by the City of ',
Rosemount. ;
Accessory Structure: A structure, with or without a roof and/or walls, detached from a principal ',
building located on the same lot and customarily incidental and subordinate to the principal ',
building. ',
Accessory Use: A use of land or a building or portion thereof customarily incidental and I
subordinate to the principal use of the land or building and located on the same lot with the '
principal use.
Apartment: One or more rooms with private bath and kitchen facilities for lease comprising an i
independent, self-contained dwelling unit in a building containing three (3) or more dwelling units. I
Building Height: The vertical distance from finished grade to the top of the highest roof beams I
on a flat or shed roof, the deck level on a mansard roof, and the average distance between the ,
eaves and ridge level for gable, hip and gambrel roofs. '�
Cluster Housing, Single Family Detached: Single family detached dwellings that are placed on �I
lots that are smaller than district requirements in order to acheive environmental protection or �
other public objectives. The net density of the cluster area may be higher, provided that the gross II,
density of the total site is within applicable standards.. ,,
Condominium: A building or group of buildings, in which dwelling units, oi�ices, or floor area j
are owned individually, and the structure, common areas, and facilities are owned on a I�
proportional, undivided basis. I
Congregate Housing: Apartments with communal dining facilities and services, such as �
housekeeping, organized social and recreational activities, and transportation. i,
Density: The number of dwelling units per acre of land. Gross density is based on the total land II
area of the development site excluding existing public streets or highways. Net density is based ''�
on the total land area of the development site excluding wetlands, parks, existing public streets or �
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highways, other land that will remain permanently undeveloped, but including newly platted
streets.
Dwelling, Single Family Attached: A dwelling which is joined to another dwelling at one or
more sides by a party wall or walls, each unit on a separate lot, and each unit having at least two
(2) walls exposed to the outdoors, such as duplexes, twin-homes, triplexes, quad-homes, and
townhomes. This definition shall not include units which are joined to one another by floor or
ceiling.
�
Dwelling, Single Family Detached: A dwelling on a single lot with street frontage that is not
attached to any other dwelling by any means, including roof, wall, or floor. �
Dwelling, Two-Family: A building on a single lot containing two dwelling units, each which is
totally separated from the other by an unpierced wall e�ending from ground to roof.
Manufactured Home: A structure, transportable in one or more sections, which in the traveling
mode, is eight (8) body feet or more in width or forty(40)body feet or more in length, or, when
erected on the site, is three hundred twenty (320) or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling with or without a permanent foundation
when connected to the required utilities; except that the term herein includes any structure which
meets all the requirements and with respect to which the manufacturer voluntarily files a
certification required by the State of Minnesota and complies with the standards established under
this Chapter.
Mixed Use Developments: Development of one tract of land that will include two (2) or more
complementary and integrated uses. Each individual land use will be separately zoned, but all
uses will be approved under the planned unit development(PUD) review process.
Planned Unit Development: An area to be planned, developed, operated and/or maintained as a
single entity and containing one or more land uses or buiiding types; which allows variances from
the strict interpretation of this Ordinance in order to achieve other community or design
objectives.
Roomers: An individual other thari a member of the family occupying a dwelling unit who, for
rent, is furnished sleeping accomodations, meals, personal care or other services.
Townhome: A dwelling on a single lot in a row of not less than two (2) units nor more than five
(5) units in which each unit has at least two (2) walls exposed to the outdoors; no unit is located
over another unit; and each unit is separated from any other unit by one or more vertical common
fire-resistant walls. In no case shall any unit have in excess of two (2) party walls.
SECTION 2. Section 4, General Provisions, of Ordinance B-City of Rosemount Zoning
Ordinance, adopted September 19, 1989, is hereby amended to include the following
4.15. SINGLE FAMILY DETACHED DWELLING REQUIREMENTS: All single
family detached dwellings shali be constructed according to the following
minimum standards:
A. All single-family detached dwellings shall have a minimum width of twenty-four(24) feet
in both directions and have a minimum gross finished floor area of one thousand two
hundred (1,200) square feet prior to issuance of a Certificate of Occupancy
B. All single-family detached dwellings shall have a permanent frost-free foundation as
defined by the applicable building code. Split level, split entry and earth sheltered homes
shall be considered to comply with this requirement.
C. All single-family detached dwellings shall have a full basement or must be affixed to a
permanent frost free foundation with a completely enclosed crawl space as defined by the
applicable building code.
D. Main roofs shall have a minimum pitch, as follows:
a. In the AG-Agricultural, RR-Rural Residential, and RL-Very Low Density Single-
Family Residential Districts, a 5:12 minimum pitch per definition of the applicable
building code.
b. In the R-1 Low Density Residential and R-lA Low Density Residential Districts, a
3:12 minimum pitch per definition of the applicable building code.
E. Roofs shall be shingled with asphalt, wood, tiles or other comparable materials similar in
appearance as approved by the applicable building code.
F. Except for earth sheltered homes, all e�rterior vertical surfaces of a single-family dwelling
and accessory structures shall be treated as a front and have an equally attractive, or the
same, fascia. Any e�erior building finish shall consist of a combination of the following
materials: wood, brick, natural stone, aluminum and glass, steel, or vinyl siding. Steel
siding with exposed panels exceeding sixteen(16) inches in width, shall not be permitted.
G. All single-family dwellings shall be required to provide at least two attached enclosed
garage parking spaces no less than four hundred forty(440) square feet in area and no less
than twenty(20) feet wide in either direction.
4.17. SINGLE FAMILY ATTACHED DWELLINGS AND TOWNHOME
REQUIREMENTS: All Single Family Attached Dwellings shall be constructed
according to the following minimum standards:
A. Building Site: A maximum of five (5) dwelling units may be attached per building.
B. Basements: A minimum of fifty(50%) percent of all dwelling units within the
development shall have a full basement or must be affixed to a permanent frost free
foundation with a completely enclosed crawl space as defined by the applicable building
code.
C. Single Family Attached Dwelling Frontage: No frontage requirement on a public street or
road is necessary for single family attached development; however, access to a public
street is required via common open space fronting the right of way.
D. Setback Requirements for Single Family Attached Dwelling Development: The following
setbacks shall be required for townhome development.
�
Principal Accessory Structure Parking Lot
Structure (attached or detached)
Any side along a principal 60 ft. 40 ft. 40 ft.
arterial highway
Any side along a minor 50 ft. 30 ft. 30 ft.
arterial highway
Any side along a collector 40 ft. 20 ft. 20 ft.
street
Any side along a local 30 ft. 20 ft. 20 ft.
street
Interior Side or Rear Lot 20 ft. 10 ft. 10 ft.
Line
Any front of building 20 ft. from 20 ft..from 15 ft. from
along a private roadway back of curb back of curb back of curb
easement
Any side other than a 20 ft. from 20 ft. fram 15 ft. from
front along a private back of curb back of curb back of curb
roadway easement
E. Minimum Distance Between Townhome Structures: In addition to the setback
requirements of section D. above, the following minimum distances shall be maintained
between structures.
1. A minimum of twenty (20) feet shall be maintained between sidewalls of end-unit
townhomes between adjacent rows of townhome units.
2. Where the rear of a row of townhome dwelling units faces the rear of an adjoining
row of townhome dwelling units, the minimum distance between structures shall be
sixty(60) feet.
3. Where the rear of a row of townhomes faces the sidewall of front or an adjoining
row of townhomes, the minimum distance between the structures shall be forty (40)
feet.
.
4. Off-street parking areas provided within the common area for the use of all of the
homeowners shall maintain a minimum setback of fifteen (15) feet from adjacent
townhome dwelling units.
F. Single Fartuly Attached Dwellings shall have a minimum separation of twenty(20) feet
between buildings.
G. Single Family Attached Dwelling Parkin�Requirements: Each dwelling unit shall have a
minimum of two and one-half(2'h) car parking spaces available for each dwelling unit's
use. Two (2) enclosed garage car parking spaces, no less than four hundred forty(440)
square feet in area, shall be provided on the dwelling unit lot and the remaining
requirements provided for within the overall townhome development. The development
shall provide the remaining one-half space per unit in the common space, which will be
accessible to all dwellings.
H. Design of Garage and Accessory Structures: Garages and other accessory structures
shall be architecturally compatible in construction and appearance with the main building.
Garage spaces required to satisfy off-street parking requirements shall be attached to the
townhome dwelling unit. A minimum of one hundred fifty(150) cubic feet of storage
space, exclusive of parking spaces provided, shall be provided within the garage. ',
I. Design of Streets and Parking Areas: I�I
1. All parking and driving surfaces shall be surFaced with concrete or asphalt, and shall
be defined by continuous concrete perimeter curbing.
2. All internal private roadways shall be a minimum twenty-eight (28) feet wide face to
face.
J. Exterior Vertical Surface Design: All exterior vertical surfaces of a townhome dwelling
and accessory structures shall be treated as a front and have an equally attractive or the
same fascia. At least fifty(50) percent of any exterior building finish shall consist of a
combination of materials which are non-combustible, non-degradable and maintenance
free (for example, base brick, natural stone, glass and aluminum, steel or vinyl siding) or
those comparable in grade and quality. No exterior building finish shall be sheet
aluminum, asbestos, iron, steel, comugated aluminum or untreated block.
K. Vertical Wall Surface Alignments: No more than two (2) adjacent unit exterior walls
may occupy the same vertical plane. All townhome structures containing three or more
dwelling units shall have minimum offsets of six (6)feet between one of the units and the
adjacent property.
L. Single Family Attached Platted Additions:
1. Density: All Single Family Attached developments shall be built in platted additions
to the City and shall have a m�imum net density not to exceed six(6) dwelling units
per acre. Said land shall be platted before a Building Permit issued. For the purpose
of this Section, "Plat" is defined in accordance with Minnesota Statutes, Section
505.01, et se . as amended. Minimum Single Family Attached development lot size
shall be one-half('/z) acre.
M. Single Family Attached Dwelling Open Space Requirements:
1. Recreational Space: All areas not occupied by structures, parking or driving surfaces
shall be landscaped and maintained with vegetation. At least twenty(20%) percent
of the open/green space, excluding required setback areas, shall be reserved for
playgrounds and/or passive recreational space. Park lands shall be graded and
seeded by the developer.
2_ Streets and Lanes: The developer of each townhome development shall be
responsible for building and developing of the open space into finished, graded and
fully developed areas consisting of paved streets having a minimum of five{5) ton
axle load bituminous surfacing and common paved parking areas, in accordance with
Section 8.1 off street parking requirements.
� N. Requirements of Homeowners' Association: The Declaration of Covenants for a
homeowners' association shall be approved by the City and shall contain the following:
1. Duties of Homeowners' Association: The open space and common areas shall be
maintained and cared for by the developer of the single family attached project until a
homeowners association is formed to maintain open space and common areas. This
single family attached homeowners' association shall be responsible for the care and
maintenance of all open space and common areas of this single family attached
project and also for the maintenance and appearance of the exterior of each unit.
2. Homeowners' Charges: The homeowners' association shall levy charges to each
owner for the maintenance cost, operating costs and improvement costs for the open
space, parks, and green areas and also for the parking and bituminous surfaced areas
which are not publicly owned and maintained. In addition, the homeowners'
association will assume the responsibility to maintain the e�erior of the building and
also their front and rear yards in an acceptable condition which is compatible to the
neighboring property. This condition shall be so kept that it will not cause a
blighting of the area or a general deterioration of the Single Family Attached
development. The homeowners association will cause blighted properties to be
repaired, restored, and maintained as necessary to a proper standard for the area.
3. Failure to Organize Homeowners' Association: In the event that the developer or
owner of the Single Family Attached project is unable to organize the property
owners into an association for the maintenance of the open space and Single Family
Attached after twelve (12) months from the campletion of the construction, the
Council will call for a public hearing of aIl persons so concerned and ask for the
creation of such an association. If no association is formed or if the association
ceases to function any time after it is formed, the Council will order such
maintenance work and restoration of the area and then will assess such costs,
together with a reasonable supervision charge, to the property owners in the Single I�
Family Attached project or the individual property owner receiving the individual I�
benefit. '
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4. The Council may require that the Declaration of Covenants include provisions to
meet the minimum requirements of this section or to satisfy conditions of City
approval, may be enforced by the City, and may not be amended or released without '
City Council approval.
4.18. MANUFACTURED HOME PARK REQUIREMENTS: All parks shall be �'��
constructed according to the following minimum standards: I
A. Permitted Uses:
1. Manufactured homes and accessory structures.
2. Community building, management office, private recreation facilities.
3. Condominium style manufactured home parks.
4. Public and institutional uses required by the resident population.
5. Home occupations subject to requirements established in Section 4.16 of this
Ordinance.
B. Required Conditions:
1. Manufactured homes not meeting single-family dwelling requirements are perrnitted
only in planned manufactured hotne parks. The PUD procedure is required far all
park proposals.
2. Manufactured home parks must be serviced by public sewer and water systems.
3. Manufactured homes must have a full basement or must be affixed to a permanent
frost free foundation with a completely enclosed crawl space.
4. Only manufactured homes certified as meeting current HLTD "Manufactured Home
Construction and Safety Standards" sha11 be pernutted, unless evidence is furnished
that manufactured homes meeting prior HUD codes have been updated to meet
current construction and safety standards and�apon inspection have been found safe
and fit for residential occupancy.
5. Publicly owned and maintained streets and utilities must be designed and constructed
according to minimum City specifications for other residential developments.
C. Site/Design Requirements:
1. Minimum site area for manufactured home parks is forty (40) acres.
2. Manufactured home parks shall have at least one property line abutting a collector or
arterial street, as defined by the Comprehensive Guide Plan.
3. All structures within manufactured home parks shall be set back a minimum of fifty
(50) feet from all adjacent property lines. Said setback area shall be provided with a
dense combination of earthen berms and plant materials, specific plans for which
must be approved by the Planning Commission.
4. Dedication for parks and recreational uses shall be determined according to the
requirements of the Subdivision Ordinance. The City Council shall determine
whether land or cash in lieu of land shall be required, and, in the case of land
dedication, whether the land shall be publicly or privately owned and maintained.
5. Streets and utilities in manufactured home parks under single awnership shall be
privately constructed, owned and maintained.
6. Privately owned utilities shall be designed and constructed to meet the minimum
specifications of the Minnesota Department of Health and the Minnesota Pollution
Control Agency.
7. Private streets shall be constructed to rneet minimum City specifications and shall be
paved to a minimum width of thirty-two (32)feet where on-street parking is
pertnitted. Where parking is permitted on one side only and signs are posted, the
minimum street width shall be twenty-four(24) feet.
8. The City Council shall determine whether streets and utilities in condominium style
manufactured home parks may be publicly owned and maintained.
9. All manufactured home parks shall be designed with a minimum of two (2) access
points on public thoroughfares, providing full ingress and egress at each location.
10. Each manufactured home park shall provide a storm shelter or shelters of
sufficient capacity to safely protect all of the residents of the park in case of a
storm emergency. In lieu thereof, the Planning Gommission may approve
basement shelters within each unit provided the minimum standards for safety are
assured.
11. The outdoor storage of recreation vehicles shall not be permitted except as
provided for in Section 6.8.D.5. of this Ordinance.
SECTION 3. Section 6,District Use Regulations, of Ordinance B-City of Rosemount
Zoning Ordinance, adopted September 19, 1989, is hereby amended to read as follows:
6: DISTRICT USE REGULATIONS:
6.1 AG AGRICULTURAL DISTRICT:
A. Purpose and Intent: This District is primarily established to encourage the long term
continuation of agricultural and related uses in the City in areas which are both suitable
for agriculture and are not planned for urban development.
B. Permitted Uses:
1. Agricuiture, including accessory and related uses.
2. Commercial Greenhouses and Landscape Nurseries.
3. Commercial Livestock, Furbearing Animals, and Fowl; Dairy Farming; and
Commercial Horse Stables provided;
a. The site shall not be less than twenty(20) acres in size;
b. All structures shall be located a minimum of seventy-five(75) feet from all
residential property lines.
4. Essential Service Facilities. �,
I
5. Keeping of Horses, provided:
a. The site shall not be less than five(5) acres in size.
b. All structures shall be located a minimum of seventy-five (75) feet from all
residential property lines.
c. The ma.ximum number of horses shall not exceed one per two (2) acres.
6. Public Parks, owned and operated by a governmental unit, including recreational
facilities and structures consistent with the public area.
7. Single-Family Detached Dwellings, subject to Section 4.15 of this Ordinance.
C. Accessory Uses:
1. Agricultural Product Stands.
2. Gazebos and Screened Porches.
3. Home Occupations, subject to Section 4.16 of this Ordinance.
4. Private Detached Garages.
5. Private Outdoor Recreation, customarily associated with a residence. Swimming
pools shall be subject to Section 5-3-1 of the Rosemount City Code.
6. Recreational Vehicle Storage, subject to Section 4.9 of this Ordinance.
7. Roomers, a maximum of two (2) per dwelling unit.
8. Satellite Dishes and Solar Collectors, subject to Section 4.12 of this Ordinance.
D. Conditional Uses:
1. AM Radio Antennas and Supporting Towers and related accessory structures.
This use may be pernutted only on properties situated in that part of the City north
and east of State Trunk Highway 55.
2. Commercial Outdoor Recreation.
3. Golf Courses, including accessory and related uses.
4. Kennels, provided:
a. The site shall not be less than twenty(20) acres in size.
b. All structures shall be located a minimum of seventy-five (75) feet from all
residential property lines.
5. Mineral Extraction, provided the site is east of State Trunk Highway 52 on
properties situated within one-half ('/2) mile of County State Aid Highway 42.
6. Transmission Facilities greater than one-fourth('/a) mile in length.
E. Uses Permitted by PUD:
l. None. .
F. Minimum Lot Requirements and Setbacks (See Supplemental Yard Regulations):
1. Minimum Lot Area: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.5 acres
2. Minimum Lot Width: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300 feet
3. Minimum Front Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 feet
I
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 feet '
c. Surface Parking, excluding driveways: . . . . . . . . . . . . . . . . . . . . . . . . . . 50 feet
4. Minimum Side Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessary Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
c. Surface Parking, including driveways: . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 feet
5. Minimum Rear Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . 30 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
c. Surface Parlcing, excluding driveways: . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 feet
6. Maximum Gross Density: . . . . . . . . . 1 dwelling unit/10 acres
7. Magimum Building Height: I
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . 50 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . 75 feet
6.2: AGP AGRICULTURAL PRESERVE DISTRICT:
A. Purpose and Intent: This District is expressly established to allow land owners to
comply with the requirements of the Metropolitan Area Agricultural Preserves Act,
Minnesota Statutes, chapter 473H.
B. Permitted Uses:
l. Agriculture, including accessory and related uses.
2. Commercial Livestock, Furbearing Animals, and Fowl; Dairy Farming; and
Commercial Horse Stables provided;
a. The site shall not be less than twenty(20) acres in size;
b. All structures shall be located a minimum of seventy-five (75) feet from all
residential property lines.
3. Essential Service Facilities.
4. Keeping of Horses, provided:
a. The site shall not be less than five (5}acres in size.
b. All structures shall be located a minimum of seventy-fi�e (75) feet frorn all
residential property lines.
c. The maximum number of horses shall not exceed one per two (2) acres.
5. Public Parks, owned and operated by a governmental unit, including recreational
facilities and structures consistent with the public area.
6. Single-Family Detached Dweltings, subject to Section 6.1.B.7. of this Ordinance.
C. Accessory Uses:
1. Agricultural Product Stands.
2. Gazebos and Screened Porches. .
3. Home Occupations, subject to Section 4.16 of this Ordinance.
4. Private Detached Garages.
5. Private Outdoor Recreation, customarily associated with a residence. Swimming
pools shall be subject to Section 5-3-1 of the Rosemount City Code.
6. Recreational Vehicle Storage, subject to Section 49 of this Ordinance.
7. Roomers, a maximum of two (2) per dwelling unit.
8. Satellite Dishes and Solar Collectors, subject to Section 4.12 of this Ordinance.
D. Conditional Uses:
1. Transmission Facilities greater than one-fourth('/a) mile in length.
E. Uses Permitted by PUD: •
T. None.
F. Minimum Lot Requirements and Setbacks (see Supplemental Yard Regulations):
1. Minimum Lot Area: . . . . . . . . . . . . . . . . . . . . 40 acres
2. Minimum Lot Width: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300 feet
3. Minimum Front Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . 50 feet
c. Surface Parking, excluding driveways: . . . . . . . . . . . . . . . . . . . . . . . . . . 50 feet
4. Minimum Side Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet ''
c. Surface Parking, excluding driveways: . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 feet
5. Minimum Rear Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . 30 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
c. Surface Parking, excluding driveways: . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 feet
6. Maximum Gross DensiTy: . . . . . . . . . . . . . . . . , . . . . . . . 1 dwelling unit/40 acres
7. Maximum Building Height:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 feet
6.3: RR RURAL RESIDENTIAL DISTRICT:
A. Purpose and Intent: It is the purpose of this District to provide for a large lot rural
residential lifestyle which is separate from and not in conflict with commercial
agricultural activities. Within these districts, public sewer and water systems are not
available and on-site systems sha11 meet the City's minimum requirements.
B. Permitted Uses:
l. Commercial Horse Stables,provided:
a. Lot is not less than twenty(20) acres; I,,
b. All structures shall be located a minimum of seventy-five (75)feet from all li
residential property lines. ' �
2. Essential Service Facilities except electrical s.ubstations and switching substations.
3. Keeping of Horses, provided:
a. The site shall not be less than five(S) acres in size.
b. All structures shall be located a minimum of seventy-five (75) feet from all
residential property lines.
c. The maximum number of horses shall not exceed one per two (2) acres.
4. Public Parks own n
, ed a d operated by a governmental unit, including recreational
structures and facilities.
5. Single-Family Detached Dwellings, subject to Section 6.1.B.7. of this Ordinance.
C. Accessory Uses:
�'�
1. Gazebos and Screened Porches.
2. Home Occupations, subject to Section 4.16 of this Ordinance.
3. Private Detached Gar�ges. '
4. Private Outdoor Recreation, customarily associated with a residence: Swimming
pools subject to Section 5-3-1 of the Rosemount City Code.
5. Recreational Vehicle Storage, subject to Section 4.9 of this Ordinance.
6. Roomers, a maximum of two (2) per dwelling unit.
7. Satellite Dishes and Solar Collectors, subject to Section 4.12 of this Ordinance.
D. Conditional Uses:
1. Commercial Greenhouses and Landscape Nurseries.
2. Golf Courses, including accessory and related uses.
3. Kennels, provided:
a. The site shall not be less than twenty(20) acres in size.
b. All structures shall be located a minimum of seventy-five (75) feet from all
residential property lines.
c. No outdoor keeping of animals or dog runs shall be permitted.
4. Transmission Facilities greater than one-fourth('/a) mile in length.
E. Uses Permitted by PUD.
1. None.
F. Minimum Lot Requirements and Setbacks (see Supplemental Yard Regulations):
1. Minimum Lot Area:
a. Platted Land: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.5 acres I�I
b. Unplatted Land: �
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sacres �i
2. Minimum Lot Width: �'
a. Platted Land: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 feet II
b. Unplatted Land: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300 feet
1
3. Minimum Front Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 feet I
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 feet
c. Surface Parking, excluding driveways: . . . . . . . . . . . . . . . . . . . . . . . . . . 40 feet ��i
4. Minimum Side Yard Setback: I
' a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure: . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 30 feet
c. Surface Parking, including driveways: . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 feet
5. Minimum Rear Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
c. Surface Parking, excluding driveways: . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 feet
6. Maximum Gross Density: . . . . . . . . . . . . . . . . . . . . . . . . . l dwelling unit/5 acres
7. Maximum Building Height:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 feet
b. Accessory Structure: . . . . . . . . . . . . . 3 S feet
6.4 RL VERY LOW DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICT:
A. Purpose and Intent: The purpose of this District is to allow low density residential
development within the Metropolitan Urban Service Area while minimizing negative
environmental impacts on areas with greatest physical amenities (rolling topography, forest,
wildlife habitat, water bodies). Single-Family Detached Dwelling Cluster Development will
be encouraged as a tool to protect unique physical features and restrict development to the
most suitable locations. The twenty thousand (20,000) square foot minimum lot size will
accommodate larger homes than the R-1 (10,000 square foot minimum lot size) District, will
mandate increased structure separation and will allow for more selective siting of homes.
The lower maximum density of one dwelling unit per acre will result in preservation of
natural amenities within the context of providing urban services.
B. Permitted Uses:
l. Essential Service Facilities except electrical substations and switching stations.
2. Licensed Chiid Day Care, for twelve(12) or fewer persons. Unlicensed facilities ,
subject to the requirements of customary home occupations in Section 4.16 of this ''�
Ordinance. �
3. Residential Facilities, licensed by the State of Minnesota, serving six(6) or fewer '
persons.
4. Public Parks, owned and operated by a governmental unit, including recreational ',
facilities and structures consistent with the public area. ,
5. Single-Family Detached Dwellings, provided: �'
a. Main roofs shall have a minimum pitch of 5:12 per definition of the applicable '
building code.
b. All single-family dwellings are subject to Section 4.15 of this Ordinance.
C. Accessory Uses:
l. Gazebos and Screened Porches.
2. Home Occupations, subject to Section 4.16 of this Ordinance .
3. Private Detached Garages.
4. Private Outdoor Recreation, customarily associated with a residence. Swimming
pools subject to Section 5-3-1 of the Rosemount City Code.
5. Recreational Vehicle Storage, subject to Section 4.9 of this Ordinance.
6. Roomers, a maximum of two (2) per dwelling unit.
7. Satellite Dishes and Solar Collectors, subject to Section 4.12 of this Ordinance.
', D. Conditional Uses:
l. Golf Courses, including accessory and related uses.
2. Transmission Facilities greater than one-fourth('/a) mile in length.
E. Uses Permitted by PUD: .
1. Single-Family Detached Dwelling Cluster Developments with a net density up to 2.5
du/acre in concentrations of residential units intended to minimize impact on ponds,
lakes, wetlands, woodlands, flood plains, significant trees and woodlands, steep slopes
and other natural or unique features elsewhere in the district. Such areas may be
included within conservation easements or other forms of public orprivate open space.
All developments including common open space are required to have homeowners'
associations in accordance with Section 4.17N of this Ordinance.
F. Minimum Lot Requirements and Setbacks (see Supplemental Yard Regulations):
1. Minimum Lot Area: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20,000 square feet
'I' 2. Minimum Lot Width: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 feet
3. Minimum Lot Depth: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 feet '
4. Minimum Front Yard Setback: ',
I
' a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet II
b. Accessory Structure: . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . 30 feet
c. Surface Parking, excluding driveways: . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet I
5. Minimum Side Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 feet
c. SurFace Parking, including driveways: . . . . . . . . 15 feet
6. Minimum Rear Yard 5etback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure
(1) 120 square feet or less: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 feet
(2) larger than 120 square feet: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
c. Surface Parking, excluding driveways: . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 feet
7. Maximum Gross Density: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 dwelling unit/ acre
8. Maximum Building Height:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 feet
9. Maximum Lot Coverage: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30%
6.5: R-1 LOW DENSIT'Y RESIDENTIAL DISTRICT
A. Purpose and Intent: This is a low density residential district that is intended to
accommodate newer single-family detached housing development within the Metropolitan �,
Urban Service Area. Dwelling units within this District are intended to be connected to the '
public sewer and water system. ',
B. Permitted Uses:
1. Essential Service Facilities except electrical substations and switching stations.
2. Licensed Child Day Care for twelve (12) or fewer persons. Unlicensed child day care
shall comply with the requirements for customary home occupations in Section 4.16 of
this Ordinance.
3. Residential Facilities, licensed by the State of Minnesota, serving six(6) or fewer
persons.
4. Public Parks, owned and operated by a governmental unit, including recreational
facilities and structures consistent with the public area.
5. Single-Family Detached Dwellings, provided:
a. Main roofs shall have a minimum pitch of 3:12 per definition of the applicable
building code.
b. All single-family dwellings are subject to Section 4.15 of this Ordinance.
C. Accessory Uses:
l. Cemeteries, accessory to Churches and Places of Worship.
2. Gazebos and Screened Porches.
3. Home Occupations, subject to Section 4.16 of this Ordinance.
4. Private Detached Garages.
5. Private Outdoor Recreation customarily associated with a residence. Swimming
pools shall be subject to Section 5-3-1 of the Rosemount City Code.
6. Recreational Vehicle Storage, subject to Section 4.9 of this Ordinance.
7. Roomers, a maximum of two (2) per dwelling unit.
8. Satellite Dishes and Solar Collectors, subject to Section 4.12 of this Ordinance.
D. Conditionai Uses:
1. Child Day Care,Montessori Schools, and Nurseries,within churches, places of
worship, and elementary and secondary educational institutions.
2. Churches and Places of Worship regardless of religious af�liation. Churches and
Places of Worship must have direct access to or be within three hundred (300') feet of a
collector, minor arterial or principal arterial street.
3. Elementary and Secondary Educational Institutions and Facilities.
4. Transmission Facilities greater than one-fourth('/a) mile in length.
E. Uses Permitted by PUD: '
1. Single-Family Detached Dwelling Cluster Developments. All developments
including common open space are required to have homeowners' associations in
accordance with Section 4.17N of this Ordinance.
F. Minimum Lot Requirements and Setbacks (see Supplemental Yard Regulations): '
1. Minimum Lot Area: I
�
a. Interior Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10,000 square feet
b. Corner Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12,000 squaxe feet
2. Minimum Lot Width:
a. Interior Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 feet
b. Corner Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 feet
3. Minimum Lot Depth: . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 feet
4. Minimum Front Yard Setback:
a. Principal Structure, including garage: . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
c. Established Principal and Accessory Structures: Where forty(40) percent or more
of the lots on any block are developed with buildings, if the average front yard is
less than the required front yard,the average or twenty(20) feet, whichever is
greater, shall be the required front yard.
S. Minimum Side Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
c. Surface Parking, including driveways: . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
6. Minimum Rear Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure:
(1) 120 square feet or less: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 feet
(2) larger than 120 square feet: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
� c. Surface Parkina, excluding driveways: . . . . . . . . . . . . . . . . . . . . . . , . . . . 10 feet
7. Maximum Net Density: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 dwelling units/acre
8. Maximum Building Height:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . 18 feet
S. Maximum Lot Coverage: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30%
6.6 R-lA LOW DENSITY RESIDENTIAL DI5TRICT
A. Purpose and Intent: This is a low density residential district that is intended to preserve the
character of e�sting single-family neighborhoods platted on or before 1979 within the
Metropolitan Urban Service Area. Dwelling units within this District are intended to be
connected to the public sewer and water systems.
B. Permitted Uses:
1. Essential Service Facilities except electrical substations and switching stations.
2. Licensed Child Day Care for twelve (12) or fewer persons. Unlicensed child day care
shall comply with the requirements for customary home occupations in Section 4.16 of
this Ordinance
3. Residential Facilities, licensed by the State of 1V�innesota, serving six (6) or fewer
persons.
4. Public P1rks, owned and operated by a governmental unit, including recreational II
facilities and structures consistent with the public area. I,
5. Single-Family Detached Dwellings, subject to Section 6.S.B.S. of this Ordinance.
C. Accessory Uses: '
1. Gazebos and Screened Porches.
2. Home Occupations, subject to Section 4.16 of this Ordinance.
3. Private Detached Garages.
4. Private Outdoor Recreation customarily associated with a residence. Swimming
pools shall be subject to Section 5-3-1 of the Rosemount City Code.
5. Recreational Vehicle Storage, subject to Section 4.9 of this Ordinance.
6. Roomers, a ma�imum of two (2) per dwelling unit.
7. Satellite Dishes and Solar Collectors, subject to Section 4.12 of this Ordinance.
D. Conditional Uses:
l. Child Day Care, Montessori Schools, and Nurseries,within churches, places of '
worship, and elementary and secondary educational institutions. '
2. Churches and Places of Worship regardless of religious af�iliation. Churches and 'I
Places of Worship must have direct access to or be within three hundred (300') feet of
a collector, minor arterial or principal arterial street.
3. Elementary and Secondary Educational Institutions and Facilities.
4. Transmission Facilities greater than one-fourth('/4) mile in length.
E. Uses Permitted by PUD:
1. Single-Family Detached Dwelling Cluster Developments. All developments
including common open space are required to have homeowners' associations in
accordance with Section 4.17N of this Ordinance.
F. Minimum Lot Requirements and Setbacks:
1. Minimum Lot Area (see Supplemental Yard Regulations):
a. Interior Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10,000 square feet
b. Corner Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12,000 square feet
2. Minimum Lot Width:
a. Interior Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 feet
b, Corner Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 feet
' 3. Minimum Lot Depth: . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . 125 feet
4. Minimum Front Yard Setback:
a. New Principal Structure, including garage: . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
c. Established Principal and Accessory Structures: Where forty(40) percent or more
of the lots on the same side of the block where the structure is located are
developed with buildings, if the average front yard is less than the required front
ard the avera e or twent 20 feet whichever is reater shall be the minimum
Y , g Y� ) , g ,
required front yard.
5. Minimum Side Yard Setback:
a. Principal Structure, including garage:
(1) Single Story . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 feet
(2) Two Story . . . . . . . . . . . . . . . . . . . . . 10 feet
. . . . . . . . . . . . . . . . . . . . . . . .
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . 5 feet
c. Surface Parking, including driveways: . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
6. Minimum Rear Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 feet
b. Accessory Structure:
(1) 120 square feet or less: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S feet
(2) larger than 120 square feet: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 feet
c. Surface Parking, excluding driveways: . . . . . . . . . . . . . . . . . . . . . . . . . . . l0 feet
7. Maximum Net Density: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : 3 dwelling units/acre
8. Maximum Building Height: .
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 feet
9. Maximum Lot Coverage: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30%
6.7 R-2 MODERATE DENSITY RESIDENTIAL DISTRICT
A. Purpose and Intent: This is a low to medium density residential district which is located within
the Metropolitan Urban Service Area and is primarily, but not exclusively, intended to
accommodate atta.ched single-family dwellings. Dwelling units within this District are intended '
to be connected to the public sewer and water systems. ,
B. Permitted Uses: '
1. Essential Service Facilities exce t electrical substations and switchin stations. !
P g I��
2. Licensed Child Day Care for twelve (12) or fev�er persons. Unlicensed child day care I',
shall comply with the requirements for customary home occupations in Section 4.16 of this �,
Ordinance.
3. Residential Facilities, licenced by the State of Minnesota, serving six (6) or fewer I'
persons.
4. Public Parks, owned and operated by a government unit, including recreational facilities
and structures consistent with the public area.
5. Single-Family Attached Dwellings, subject to Section 4.17, Townhome Requirements,
� of this Ordinance.
6. Single-Family Detached Dwellings, subject to Section 6.SB.5., Single-Family Detached
Dwellings, of this Ordinance.
, 7. Two-Family Dwellings.
C. Accessory Uses:
1. Cemeteries accessory to Churches and Places of Worship.
2. Gazebos and Screened Porches.
3. Home Occupations, subject to Section 4.16 of this Ordinance.
4. Private Detached Garages.
5. Private Outdoor Recreation customarily associated with a residence. Swimming pools
shall be subject to Section 5-3-1 of the Rosemount City Code.
6. Roomers, a maximum of two (2) per dwelling unit.
7. Satellite Dishes and Solar Collectors, subject to Section 4.12 of this Ordinance.
D. Conditional Uses:
1. Child Day Care,Montessori Schools, and Nurseries,within churches, places of worship,
and elementary and secondary educational institutions.
2. Churches and Places of Worship regardless of religious affiliation. Churches and Places
of Worship must have direct access to or be within three hundred (300') feet of a collector,
minor arterial or principal arterial street.
3. Community PlayfieldslAthletic Complexes, owned and operated by a govemment unit,
including recreational facilities and structures consistent with the public area.
4. Elementary and Secondary Educational Institutions and Facilities.
5. Recreational Vehicle Storage. Recreational Vehicle Storage accessory to multiple-family
development shall be subject to Section 6.8.D.5. of this Ordinance.
6. Transmission Facilities greater than one-fourth ('/4) mile in length.
E. Uses Permitted by PUD:
l. Manufactured Home Parks, subject to Section 4.18 of this Ordinance. �
2. Singie-Family Detached Dwelling Cluster Developments.
3. Mixed Use Developments. �,
F. Minimum Lot Requirements and Setbacks (see Supplemental Yard Regulations): ;
l. Minimum Lot Area: �
' a. Single and Two-Farruly: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12,000 square feet II�
b. Multiple-Family, including Townhomes: . . . . . . . . . . . . . . . . . 18,000 square feet li
2. Minimum Lot Width: ,
II a. Single and Two-Family: . . . . . . . . . . . . . . . . . . . . . . . : . . 100 feet
I�, b. Multiple-Family, including Townhomes: . . . . . . . . . . . . . . . . . . . . . . . . . 120 feet '
3. Minimum Lot Depth: '
.
I' a. Single and Two-Family: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 feet
b. Multiple-Family, including Townhornes: . . . . . . . . . . . . . . . . . . . . . . . . . 150 feet
4. Minimum Front Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet '
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet '
c. Surface Parking, excluding single and two-family driveways: . . . . . . . . . . . 30 feet
__ _
d. Established Principal and Accessory Structures: Where forty(40)percent or more of
the lots on the same side of the block where the structure is located are developed
with buildings, if the average front yard is less than the required front yard, the
avera.ge or twenty(20)feet, whichever is greater, shall be the minimum required front
yard.
5. Minimum Side Yard Setback: '
a. Principal Structure: I!�
. ;
(1) Single-Family and Two-Family: . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
(2) Multiple-Family, including Townhornes: . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
c. Surface Parking:
(1) Single and Two-Family, including driveways: . . . . . . . . . . . . . . . . . . . . 5 feet
(2) Multiple-Family, including Townhomes: . . . . . . . . . . . . . . . . . . . . . . . 10 feet
6. Minimum Rear Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure:
(1) Single and Two-Family. '
(a) 120 square feet or less: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 feet
(b) larger than 120 square feet: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
(2) Multiple-Family, including Townhomes: . . . . . . . . . . . . . . . . . . . . . . . 10 feet
c. Surface Parking:
(1) Single and Two-Family, excluding driveways: . . . . . . . . . . . . . . . . . . . . 5 feet
(2) Multiple-Family, including Townhomes: . . . . . . . . . . . . . . . . . . . . . . . 10 feet
7. Maximum Net Density: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 dwelling units/ acre
8. Maximum Building Height:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 feet
I�
9. Maximum Lot Coverage:
a. Two family dwellings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30%
Single family detached dwellings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40%
b. Single family attached dwellings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70%
6.8 R-3 MEDI(TM DENSITY RESIDENTIAL DISTRICT
A. Purpose and Intent: This is a medium to high density residential district which is intended to
be located within or near the Rosemount Central Business District (CBD) where streets and
utilities are sufficient in capacity to accommodate higher density development and where
shopping and recreational facilities are available within close walking or driving distance.
Housing types include apartments, condominiurns and townhouses. It is intended that this I
District provide a blend of housing, recreation and open space opportunities. I
B. Permitted Uses: ,
l. Apartments. . �!
2. Assisted Living Care Facilities. III
3. Condominiums. '
4. Congregate Housing.
5. Essential Service Facilities except electrical substations and switching stations. �
6. Licensed Child Day Care for twelve(12) or fewer persons. Unlicensed Child Day Care
shall comply with the requirements for customary home occupations in Section 4.16 of this
Ordinance.
7. Residential Facilities, licensed by the State of Minnesota, for six(6) or fewer persons.
8. Nursing and Retirement Homes.
9. Pablic Parks, owned and operated by a governmental unit, including recreational facilities
and structures consistent with the public area. '
10. Single-Family Attached Dwellings, subject to Section 4.7, Townhome Requirements, of
this Ordinance.
11. Two-Family Dwellings.
C. Accessory Uses:
l. Cemeteries, accessory to Churches and Places of Worship.
2. Gazebos and Screened Porches.
3. Home Occupations, subject to Section 4.16 of this Ordinance.
4. Private Outdoor Recreation,customarily associated with a multiple-family development,
provided:
a. They are no nearer the front lot tine than the principal structure;
b. They are set back from lot lines the distance required for accessory structures.
c. Swimming pools shall be subject to Section 5-3-1 of the Rosemount City Code.
5. Satellite Dishes and Solar Collectors, subject to Section 4.12 of this Ordinance.
6. Roomers, at a ma�mum of two (2) per dwelling unit.
D. Conditional Uses:
1. Child Day Care,Montessori Schools,and Nurseries,within churches, places of worship,
and elementary and secondary educational institutions.
2. Churches and Places of Worship regardless of religious affiliation. Churches and Places ,,
of Worship must have direct access to or be within three hundred 300') feet of a collector
or minor arterial or principal arterial street. '
3. Community Playfields/Athletic Complezes owned and operated by a government unit, � '�
including recreational facilities and structures. �
4. Elementary and Secondary Educational Institutions and Facilities.
5. Recreational Vehicle Storage accessory to the multiple-family development, provided all
storage shall be within a building ora central storage area, or be subject to the following
requirements:
a. Outdoor storage shall not be within a required yard;
b. If not stored within a building, the storage area shall be screened from view from all
public streets and"R"Districts by a six(6)foot high wall, fence and/or plant materials
providing ninety(90) percent opacity during all seasons of the year.
6. Transmission Facilities greater than one-fourth ('/a) mile in length.
E. Uses Permitted by PUD:
1. Manufactured Home Parks, subject to the requirements of Section 6.7.E1 of this
Ordinance.
2. Mixed Use Developments.
_
F. Minimum Lot Requirements and Setbacks (see Supplemental Yard Regulations):
. 1. Minimum Lot Area: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22,500 square feet
2. Minimum Lot Width: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 feet
3. Minimum Lot Depth: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 feet
4. Minimum Front Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
c. Surface Parking: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
d. Established Principal and Accessory Structures: Where forty(40) percent or more of I�
the lots on the same side of the block where the structure is located are developed I
with buildings, if the average front yard is less than the required front yard, the �
average or twenty(20)feet, whichever is greater, shall be the minimum required front '
yard. '
5. Minimum Side Yard Setback: '
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
c. Surface Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
6. Minimum Rear Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
c. Surface Parking . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 10 feet
7. Maximum Net Density: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 dwelling units/acre
8: Maximum Building Height:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 feet
9. Maximum Lot Coverage: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75%
10. GUOS/LTnit: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500 square feet
6.9 R-4 HIGH DENSITY RESIDENTIAL DISTRICT
A. Purpose and Intent: This is an exclusively high density residential district which is primarily
intended to accommodate high-rise apartments and condos and senior citizen housing. It is the
intent of this Ordinance that this District be within or adjacent to the Rosemount CBD to
provide for the maximum convenience and accessibility for residents.
B. Permitted Uses:
1. Apartments.
2. Assisted Living Care Facilities.
3. Condominiums.
4. Congregate Housing.
5. Essential Service Facilities except electrical substations and switching stations.
6. Licensed Child Day Care for twelve (12) or fewer persons.
7. Residential Facilities, licensed by the State of Minnesota, for six(6) or fewer persons.
8. Nursing and Retirement Homes.
9. Public Parks, owned and operated by a government unit, including recreational facilities
and structures.
C. Accessory Uses:
1. Cemeteries accessory to Churches and Places of Worship.
2. Gazebos and Screened Porches.
3. Home Occupations, subject to Section 4.16 of this Ordinance.
4. Private Outdoor Recreation, customarily associated with a multiple-family development,
provided:
a. They are no nearer the front lot line than the principal structure;
b. They are set back from lot lines the distance required for accessory structures.
c. Swimming pools shall be subject to Section 5-3-1 of the Rosemount City Code.
5. Satellite Dishes and Solar Coilectors, subject to Section 4.12 of this Ordinance.
D. Conditional Uses:
1. Child Day Care,Montessori Schools,and Nurseries,within churches, places of worship,
and elementary and secondary educational institutions.
2. Churches and Places of Worship regardless of religious affiliation. Churches and Places
of Worship must have direct access to or be within three hundred (300') feet of a collector
or minor arterial or principal arterial street.
3. Community Pla�elds/Athletic Complexes, owned and operated by a government unit,
including recreational facilities and structures.
4. Elementary and Secondary Educational Institutions and Facilities.
5. Transmission Facilities greater than one-fourth ('/a) mile in length.
E. Uses Permitted by PUD:
1. Manufactured Home Parks, subject to the requirements of Section 6.7.E.1 of this
Ordinance.
2. Mixed Use Developments. ',
F. Minimum Lot Requirements and Setbacks (see Supplemental Yard Regulations):
1. Minimum Lot Area: . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 22,500 square feet
2. Minimum Lot Width: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 feet
3. Minimum Lot Depth: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 feet
4. Minimum Front Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : 30 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
c. Surface Parking: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 feet
5. Minimum Side Yard Setback:
a, Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
c: Surface Parking: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
6. Minimum Rear Yard Setback:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 feet
b_ Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
c. Surface Parking: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 feet
7. Maximum Net Density: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 dwelling units/acre
8. Maximum Building Height:
a. Principal Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 feet
b. Accessory Structure: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 feet
9. Maximum Lot Coverage: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75%
i ,
10. GUOS/Unit: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 500 square feet
SECTION 4. Section 12,Administration and Enforcement, of Ordinance B-City of Rosemount
Zoning Ordinance, adopted September 19, 1989, is hereby amended to read as follows:
12: ADMINISTRATION AND ENFORCEMENT:
12.1: PURPOSE, DEFINITIONS, GENERAL PROVISIONS: The Council shall
designate a Zoning Administrator, who shall administer and enforce the provisions of
this Ordinance and for the purpose of this Ordinance shall have the power of a police
officer. The Zoning Administrator shall also maintain current and permanent records
of this Ordinance, including but not limited to amendments, variances, appeals and
conditional uses.
12.2: VIOLATIONS AND PENALT'IES: Any person who violates or fails to comply with
any provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction
thereof shall be punished to the ma�mum extent authorized in Minnesota Statutes
section 412.231, as amended from time to time. Each day the violation continues shall
constitute a separate offense.
12.3: BUILDING PERMITS:
A. Permit Required: No person,firm or corporation shall erect, alter, construct, enlarge, repair,
move, improve, convert, dernolish, equip, use, occupy, or maintain any building, structure, or
portion thereof, within the City of Rosemount until proper permits and/ar a Certificate of
Occupancy has been issued by the Protective Inspections Division of the City. All work for
which a permit has been issued must be completed in accordance with Rosemount City Code,
Title 9, this code and applicable Federal, State and County laws, codes and regulations.
B. Site Plan Approval Process Required:
1. Except as provided for by this section, no building permit shall be issued until a site plan !,
has been prepared in accordance with the provisions of this Ordinance and approved by the '
Commission. '
2. Applications provided by the City shall be completed in writing and submitted with the
required fee prior to any consideration for a site plan approval. The Site Plan Review Fees
are established by resolution of the Council. Applications shall not be formally accepted
until all supportive or supplementary information has been furnished by the applicant.
3. No Site Plan shall be considered until a public hearing has been held by the Commission.
A notice of the time, place and purpose of the hearing shall be published in the City's
official newspaper, at least ten (10) days prior to the hearing. Notices shall be mailed to
each property owner within three hundred fifty (350) feet of the affected property, except
when located in Agriculture, Agriculture Preserve and Rural Residential Districts, which
shall require mailed notice to each property owner within one-fourth ('/4) mile of the
affected property. The City shall use its best available records to determine the names and
addresses of property owners to receive notice.
4. The applicant, the Administrator, a member of the Council, or any person owning property
or residing within the prescribed notification area may appeal the Commission decision to
the Council. An appeal, as provided for within Section 15.3 of this Ordinance, must be
filed with the Community Development Department within ten (10) working days after a
final decision is made by the Commission.
C. Egceptions: Exceptions to the requirements for Commission review of required site plans are
as follows:
1. The erection or alteration of single-family detached residences or accessory structures,
when all other provisions of this Ordinance have been met.
2. The erection or alteration of pernutted agricultural structures, when all other provisions of ���
this Ordinance have been met.
3. Interior alterations of all structures which do not a.ffect the existing uses or intensity of use,
when all other provisions of this Ordinance have been met.
4. The erection or alteration of commercial or industrial structures or accessory structures for
uses permitted in the BP Business Park District,when all other provisions of this Ordinance
have been met.
5. Additions to a principal, not exceeding ten (10) percent of the building foot print of the
structure being modified, when all other p�ovisions of this Ordinance have been met.
6. Construction of or addition to an accessory structure not exceeding 50% of the building
footprint of the principal structure.
D. Site Plan Contents:
l. An application for site plan review must be completed in full and accompanied by ten (10)
sets of clearly legible blue or black-lined copies or drawings at a scale appropriate for the
level of review to be performed, submitted at least two (2) weeks prior to review by the
Commission at a regularly scheduled meeting,and must include the following:
a. Title or description of the proposed project, ineluding legal description of the
property.
b. Name and registration number, when appropriate, of the person preparing and
presenting the site plan information.
c. Location of the property with respect to artd including names of adjacent landowners
or uses, streets, highways, railroads, easements or other landmarks.
d. Name and address of owner/developer, scale, northpoint, date and number of streets.
e. Existing topography as indicated on a contour map having counter intervals no greater
than two (2) feet, which shall include, but not be limited to, existing buildings,
structures, improved surfaces, transmission lines, fences, vegetation, streams, wetlands
and other water bodies.
f. Existing drainage of the site in terms of direction and the rate of which stormwater
flows.
� g. A description of soils.
h. The proposed size, alignment, height and use of structures, signs or work performed,
including all sign, lot and structure dimensions.
i. A description of driveways, sidewalks and parking facilities, including a description
of the type and quantity of surFacing rnaterials.
j. A grading plan at two (2) foot contour intervals and a description of the change in
grade as it relates to structure location, other lot improvements, adjacent properties,
drainage control and proposed rate of stormwater runoff.
k. A scaled landscape plan showing the location, size, quantity and type of landscape
materiats to be used and an explanation of any existing vegetation that may be
disturbed, removed or replaced. '
1. A description of the availability and access to required public utilities.
m. A description of the method waste treatment to be utilized and an analysis of the
wastewater flows generated from the development.
n. An erosion control plan which may be necessary to prevent erosion during
construction or after project completion.
o. A description of lot lighting or extraordinary illumination projecting from a structure.
p. A description of the levels of noise, vibration, glare, smoke, odor, waste or other
emissions generated and the methods employed to contain or control such emissions.
q. Other information pertinent to the particular application which in the opinion of the
City or applicant may be necessary for review of the project.
2. Exceptions:
a. Where information is on file in the City Hall(i.e., information submitted and approved
in formal platting) some of the requirements may be waived at the discretion of the
Community Development Department. '
b. Additions to e�sting structures, centers or complexes, approved by the City, may be
exempt from some of the requirements, depending on the level of information on file
and the relationship of the proposed addition.
c. All other exceptions must be approved by the Commission according to procedures
contained herein.
12.4: NIIIVERAL EXTRACTION:
A. Permit Required: It shall be unlawful for any person, firm or corporation to remove, store
or excavate rock, sand, gravel, clay, silt or other like material in the City, or to fill or raise
the existing surface grades, without receiving a permit for mineral extraction. Such permits
may only be issued in the zoning district when mineral extraction is listed as a permitted use
with special restrictions. Furthermore, mineral extraction shall not be allowed in that portion
of Rosemount located west of Akron Avenue, so as not to interfere with the orderly growth
and expansion of public utilities.
B. Exceptions: An extraction permit shall not be required for any of the following:
1. Excavation for a foundation, cellar or basement of a building if a building permit has
been issued.
2. Excavation by Sta.te, County or City authorities in connection with construction or
maintenance of roads, highways or utilities.
3. Curb cuts, utility hook-ups or street openings for which another permit has been issued
by the City.
4. Fxcavation less than one hundred {100) square feet in area or one (1) foot in depth. I
5. Excavation or grading for agricultural purposes.
C. Application, Public Hearing, Notice and Procedpre: The application, public hearing,
public notice and procedure requirements for mineral extraction permits shall be the same
as those for amendments as provided in Section 11.14 of this Ordinance, except that the
pernut shall be issued on the affirmative vote of a majority of the entire Council. Application
for the extraction permit shall be made in writing in the form specified by the City. The
application shall contain the following information:
1. The correct legal description of the land upon which excavation is proposed.
2. The name and address of the applicant, the owner of the land and the person or
corporation conducting the actual removal operativn.
3. The names and addresses of all adjacent land owners within three hundred fifty (350)
feet or, if the subject property is located in Agricultural (AG), Agricultural Preserve
(AP) or Rural Residential (RR) District, within one-fourth (1/4) mile.
4. The purpose of the proposed excavation.
5. The estimated time required to complete the proposed excavation and rehabilitation.
6. The names of the highways, streets or other public roadways within the City upon which
the material shall be transported.
D. Standards: The following standards sha11 apply to all extraction operations:
1. Boundary: Extraction operations sha11 be conducted within the confines of the
excavation site described in the application.
2. Access: Extraction operations shall only be allowed on sites which have direct access
to either a principal arterial, minor arterial, a collector street, or to a local street if
approved by the Public Works Department, as designated in the City of Rosemount
Comprehensive Guide Plan.
3. Prohibited Areas: Extraction operations shall not be conducted within the following:
a. Five (5) feet of the right of way or easement of an existing public utility.
b. Thirty (30) feet of the boundary of an adjoining property which is not being used
for extraction operations.
c. Fifty (50) feet of the right of way of a public street or highway.
4. Phasing of Operations: Extraction operations to be conducted on a site larger than
fifteen (15) acres shall be subject to the following requirements:
a. A phasing plan must be prepared wluch limits operations to a ma�mum area of
fifteen (15) acres per phase of operatians.
b. A mineral extraction permit for the first phase of an extraction operation shall be
limited to a maximum area of fifteen (15)acres. An extraction permit for phase two
(2) or subsequent phases of a mineral extra.ction operation shall not be issued until
at least seventy (70) percent of the previous phase of operations has been
rehabilitated according to an approved camprehensive rehabilitation plan.
c. No mineral extraction permit shall authorize extraction operations to be conducted
in more than two (2) phases of an extraction operation concurrently.
d. No mineral extraction permit shall authorize extraction to be conducted on more
than nineteen and one-half(19'h) acres at one time.
5. Fencing: During exca�ation operations, access to any area where colleetions of water
are one and one-half(1'h) feet in depth or more or where excavation slopes are steeper
than one (1) foot vertical to one and one-half (l�h) feet horizontal and any other areas
where obvious danger to the public exists shall be controlled by a fence erected and
maintained around the entire site or portions thereof and shall be a type specified by the
CounciL
6. Appearance and Screening:
a. All machinery shall be kept operational. I
b. Abandoned machinery and rubbish shall be promptly removed from the excavation I'i
site. '
c. Within three(3)months after the termination of excavation operations or within three
(3) months after the expiration of the extraction permit provided by this Ordinance,
the applicant or owner shall dismantle buildings and structures incident to excavation
operations and sha11 grade the excavation site as well as complete all rehabilitation on
the site as providedby the rehabilitation plan.
d. When required, the perimeter of the excavation site shall be planted or otherwise
screened, �
e. Existing tree and ground cover shall be preserved to the maximum extent feasible,
maintained or supplemented by selective cutting, transplanting and replanting of trees,
shrubs and other ground cover along all setback areas.
7. Excavation Operating Standards: ,
a. Noise: Maximum noise level at the perimeter of the excavation site shall comply with
the limits or standards established by the Mmnesota Pollution Control Agency and the
United States Environmental Protection Agency.
b. Hours: All excavation operations shalt be conducted between seven o'clock (7:00)
A.M. and seven o'clock (7:00) P.M., Monday through Saturday only. The Council
may restrict excavation, processing or related operations on legal holidays if such
activities cause noise or other disturbances offensive to adjacent property owners.
c. Explosives: The use and handling of explosives at the excavation site shall be
coordinated with the Police Department. Blasting shall occur only at hours specified
in the e�raction permit.
d. Fugitive Dust: Excavation operators shall use all practical means to reduce the amount
of fugitive dust generated by excavation operations. In any event, the amount of dust
or other particulate matter generated by the excavation shall not exceed air pollution
standards established by the Minnesata Pollution Control Agency.
e. Water Pollution: Excavation operators shall comply with alI applicable Minnesota
Pollution Control Agency and Department of Natural Resources regulations and all
applicable United States Environmental Protection Agency regulations for the
protection of water quality. No waste products or processed residue, including
untreated wash water, shall be deposited in any public waters of the State of
Minnesota.
f. Topsoil Preservation: All topsoil shall be retained at the excavation site until the
completion of rehabilitation work in accordance with the rehabilitation plan.
g. Slopes During Excavation Operations: During the entire period of operations, all
excavations other than the working face, shall be sloped on all sides to a maximum
ratio of one (1) foot horizontal to one (1) foot vertical, unless a steeper slope is
approved by the City. Where excavations are adjacent to a public roadway or other
right of way, the excavation shall have a maximum slope of four (4) feet horizontal to
one (1) foot vertical. Slopes adjacent to waterways shall not exceed six (6) feet
horizontal to one(1) foot vertical.
h. Equipment: All equipment and machinery shall be operated and maintained in such a
manner as to minimize dust, noise and vibration. Power drives or power-producing
machines shall not be housed or operated less than one thousand (1,000) feet from a
residential use. Access roads shall be maintained in dust-free condition by surfacing
or other treatment as may be specified by the City Engineer.
i. Processing: Crushing, washing and refining, or other similar processing may be
authorized by the Council as an accessory use, provided, however, that such accessory
processing shall not be in conflict with the use regulations of the district in which the
operation is located.
j. Council Waiver: The Council, at the time of issuance of the e�raction permit, may
waive or modify any of the provisions tn this Section or impose additional
requirements if it finds that the plan of operation or other materials submitted with the
application or other factors make appropriate more suitable measures for standards
consistent with the public health, safety and welfare.
E. Special Requirements: The Council,as a prerequisite to the issuance of an extraction permit,
or after an extraction permit has been granted, may require the applicant ar owner of the
premises to:
1. Reimburse the City for the cost of periodic inspections for the purpose of determining that
the provisions of the e�raction permit and this Ordinance are being followed.
2. Submit to council a detailed map of the streets an which the material removed shall be
transported(haul roads). The City shall inspect the haul roads proposed to be used by the
applicant or owner and shall recommend to the Council necessary upgrading or repairing
of the haul roads prior to their use by the applicant or owner. The Council shall designate
the haul roads and shall incorporate the recommendations of the responsible City officials
in the e�raction permit issued to the applicant. It sha11 be the responsibility of the applicant
or owner to maintain the haul roads in accordance with the provisions set forth in the
permit. City shall periodically inspect haul roads to insure compliance with the pernut.
During the period of or upon completion of the excavation operations, the applicant or
owner shall make any necessary repairs to the haul roads as recommended by the City. All
costs of inspection provided for in this paragraph shall be borne by the applicant or owner.
The use of the haul roads shall be further subject to any road and weight restrictions
imposed by the City. ��
3. Submit annually in writing to the Council the estimated quantity of minerals to be ''
excavated. If the quantity of minerals to be excavated is for any reason likely to exceed the '�
original estimate herein required, the applicant or owner shall notify the Council of the '
change in estimated quantity.
4. Comply with such other requirements as the Council shall from time to time deem proper
and necessary for the protection of its citizens and the general welfare.
F. Inspections: The City may inspect all excavation sites where an extraction permit has been
issued. The operator or owner of any excavation operation found in violation of the
requirements of this Ordinance or its extraction permit shall remedy such violations within the
time specified by written notice from the City.
G. Duration of Extraction Permit: The excavation license shall run from January 1 through
December 31 of the same year or for a lesser period of time as the Council may specify at the
time of issuance of the extraction permit. If the extraction permit is to run for less than a full
year, the fee shall be prorated as determined by the Council.
H. Extraction Permit Fee: The applicant or owner of the premises on which the excavation
operation is located shall annually submit to the Council written estimates of:
1. The total area of the mineral extraction operation (expressed in acres)to be actively mined
during the forthcoming year; and ',
2. The total area for which an e�raction pernvt permitting mineral extraction operations has
been granted(expressed in acres)which will not be actively mined in the forthcoming year.
3. The Council shall, by resolution, establish an annual per acre permit fee.
I. Surety Bonds The Council shall require the applicant or owner of the premises on which the
excavation operation is located to post a surety bond with a surety acceptable to the City, cash
escrow or letter of credit ("security") in an amount determined by the Council, running to the
City, conditioned to pay the City the extraordinary costs and expense of repairing any streets
where such repair work is made necessary by the special burden resulting from hauling and
travel, and removing material from any pit or excavation, and conducting required rehabilitation
and conditioned further to comply with all the requirements of this Ordinance and the particular
extraction permit, and to pay any expense the City may incur by reason of doing anything
required to be done by any applicant to whom a permit is issued. The security shall remain in
full force and effect for a minimum period of one year after expiration of the extraction permit
to guarantee the required rehabilitation as well as the other requirements herein provided.
12.5: RECYCLING OPERATIONS:
A. Permit Required: It shall be unlawful for any person, firm or corporation to establish or
expand, in any way, a recycling operation without first receiving a perrnit from the City. Such
permit may only be issued in a zoning district where such use is listed as a permitted use.
B. Permit Application Requirements: Application for a permit shall be made in writing in the
form specified by the City and shall contain the following information:
1. The correct legal description of the land.
2. The name and address of the applicant and the owner of the land if different from the
applicant.
3. Maps, photographs and surveys illustrating the relationship of the site to the community
and sunounding properties and e�sting site conditions including vegetation, surface waters
and topography.
4. A description of the operation as regards the sales of parts and the use of cutting,
compressing and packaging equipment.
5. A site plan,to scale, showing the location and intended use of all structures, storage areas,
driveways, parking and equipment.
C. Development and Operating Standards:
l. The site shall be a minimum of five (5) acres in size.
2. A solid wall or opaque fence at least eight(8)feet in height shall be provided around the
entire perimeter of the site to screen said site from public streets and sunounding property.
Such fence shall be of sound construction and shall be properly maintained.
3. All activities shall be confined within the fenced-in area. There shall be no stacking of
material above the height of the fence or wall except that equipment used on the site may
exceed the wall or fence height. No equipment, material, signs or lighting shall be used or
stored outside the fenced area. There shall be no storage of materials within semi-trailer
units or other vehicles which would extend above the height of the fence.
4. All equipment used in industrial processes, including that used for cutting, compressing or
packaging, shall be within a completely enclosed building.
5. The fenced area shall be set back at least two hundred (200) feet from any street and the
area within front or street side yards shall be planted with trees, grass and shrubs in
accordance with Section 7.3.
6. Whenever the operation abuts an"R" District, a transition strip of at least two hundred
(200) feet in width shall be provided between the fenced area and the "R" District
boundary. Said transition strip shall be landscaped as prescribed in subsection CS above.
7. The fenced area shall be set back at least thirty(30)feet from any non-residential district.
D. Additional Requirements: The City may attach such additional conditions as may be required
to insure compliance with this Ordinance.
12.6: PLANNED UNIT DEVELOPMENTS (PUD):
A. Purpose: The Planned Unit Development (PUD) procedure is applicable to all uses and
districts and is optional except where specifically required by this Ordinance. Its purpose is to
allow variation from ordinance provisions in order to: •
1. Encourage more creative design in the development of land.
2. Promote variety in the physical development pattern of the City.
3. Create larger expanses of usable open space and preserve unique natural features.
4. Preserve and provide a more desirable environment than would be possible under strict
ordinance requirements.
5. Perrnit variations in traditional lot layouts when l�igh standards of design are implemented
and necessary services can be provided. ',
6. Establish a confidence between the developer,the City and the residents of Rosemount that
is impossible with traditional zoning procedures.
7. Subdivision procedures required in the Subdivision Ordinance shall be incorporated with
the requirements and review of a PUD. This provision is not intended as a waiver of
information to be submitted; rather, the information submitted shauld be in a form
satisfactory to meet preliminary and final platting requirements.
B. Required Conditions: In no case shall a PUD be construed to permit a variation in sanitary
sewer,group usable open space, ma�mum lot coverage, screening, landscaping, performance
standards or uses otherwise not permitted in a zone.
C. Procedure:
1. Initial Review: Applicant shall schedule an initial meeting with staff to discuss the
proposed PUD and review PUD requirements.
2. Concept Plan and Supportive Information: The applicant shall submit twenty (20)
copies of the following information:
a. Property description and acreage, identification of owner/developer.
b. Existing conditions, metro relationships, surrounding property ownership, relationship
to Comprehensive Plan, existing land use, transportation, zoning, utilities, etc.
c. Natural features, water, topography, soils, vegetation, etc. and their implications, if
any, for development.
d. Concept Plan showing land use areas, land use intensities, acreages,
numbers/types/density of units, traffic circulation and parking, open space, recreation
areas, development staging, utility provisions, pedestrian walkways, and overall design
objectives.
e. Written information describing proposed land use and land use objectives, the type and
character of buildings, methods of providing utilities, etc.
3. Concept Review. Upon receipt of a complete application, including supporting
information,the Community Development Department designee shall set a date for a public
hearing for formal review of the PUD. The applicant shall make a presentation of a
proposed PUD at a public hearing before the Commission. The Commission shall
recommend approval, revision, reapplication or denial of the Concept Plan to the Council.
4. Findings: In approving the Concept Plan, the Commission must find as follows and
forward its findings to the Council. .
a. The Plan provides sufficient usable open space and evidences a substantial
preservation of natural features to warrant the granting of variances through Planned
Unit Development.
b. The Plan complies with the intent of the Comprehensive Plan.
c. The proposed development will not be detrimental to surrounding properties.
d. The Plan is more creative and will provide a better living, working, or shopping
environment than is possible under strict ordinance requirements.
5. Development Plan Review: The applicant shall prepare a Development Plan for the
proposed development based upon the approved Concept Plan and shall prepare graphic
and written material as follows (20 copies):
a. Legal descriptions of alI parcels to be rezoned.
b. Zoning classifications requested. .
c. Detailed site plan showing all dimensions, structures, parking and streets, utilities,
common open spaces and grading.
d. Covenants and restrictions, if any, applyina to each tract and to open spaces and
including the responsibility for the maintenance and operation of common areas and
facilities.
e. Density and gross building computations. 1
f. Preliminary architectural drawings for each different building type, except single-
family dwellings, showing building elevations, schematic floor plans, unit relationships,
activity areas, building materials, etc.
g. Landscape plan and schedule showing types, quantity, sizes and loeation of plant
materials.
h. Construction-occupancy schedule.
i. A description of the nature and character of rionresidential developments including a
description of waste emissions, activities conducted on the premises, etc.
j. Preliminary platting requirements if a land subdivision is involved.
6. Formal Application - Rezoning: Applicant shall file a rezoning petition, if required, pay
fees and submit Development Plan graphic information for review by the staff and
Commission.
7. Review: Commission and staff shall review the Development Plan to deternune if it
conforms with the Comprehensive Plan and the approved Concept Plan and shall
recommend approval, revision or reapplication, or denial of the Development Plan and
rezoning.
8. Public Hearing- Development Plan/Rezoning: Applicant shall make a presentation of I,
the Development Plan/Rezonings at a public hearing conducted by the Commission. The '�
Council shall consider the recommendation of the Commission and testimony from the
public hearing and either approve or deny the plan. ffthe plan is approved, the City and the
applicant will enter into a Development Agreement prepared by the City.
9. Amendments: Requested changes in the Development Plan after approvat has been
granted will require submission of an amended plan document, a revised plat (if applicable),
an amended Development Agreement, and a review process incorporating the public
hearing requirements, unless the changes are minor, as defined below:
a. Change in housing mix less than or equal to two (2) percent of the total units in the
development with no increase in housing density.
b. Change in building locations that do not materially irnpact the approved plan or that
affect approved setbacks.
c. Change in street or parking configurations in order to address minor requirements to
improve circulation.
d. Other minor modifications as determined by the City.
12.7: CONDITIONAL USE PERMITS (CUP):
A. Purpose: The purpose of conditional use permits is to allow for those uses which are not
generally suitable within the zoning district, but which under some circumstances may be
suitable. The applicant for a CUP sha11 have the burden of proof that the use is suitable and that
the standards set forth in this subdivision have been met.
B. Application,Public Hearing, Notice and Procedure: The application, public hearing, notice
and procedure requirements for CUPs sha11 be the same as those for amendments to the Zoning
Ordinance, except that the conditional use permit shall be issued on the affirmative vote of a
majority of the entire Council. Specific submissions required to complete an application for a
CUP shall address all standards a licable to the ro osed use. The applicant shall provide
PP P P
information as required in the site plan review.
C. Standards: The Commission shall recommend a CUP and the Council may issue such CUP if
it finds that such use at the proposed location: �
L Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the city.
2. Will be harmonious with the objectives of the Comprehensive Plan and city code
provisions.
3. Will be designed, constructed, operated and maintained so as to be compatible or similar
in an architectural and landscape appearance with the existing or intended character of the
general vicinity and will not change the essential character of that area, nor substantially
diminish or impair property values within the neighborhood.
4. Will be served adequately by e�sting (or those proposed in the project) essential public
facilities and services, including streets, police and fire protection, drainage, structures,
refuse disposal, water and sewer systems and schools.
5. Will not involve uses, activities, processes, material equipment and conditions of operation
that will be hazardous or detrimental to any persons, property, or the general welfare
because of excessive production of traf�ic, noise, smoke,fumes, glare or odors.
6. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with tra�ic on surrounding public streets.
7. Will not result in the destruction, loss or damage of a natural, scenic, or historic feature of
major importance and will comply with all local, state, and federal environmental quality
standards.
8. These standards apply in addition to specific conditions as may be applied throughout this
code.
D. Conditions: In reviewing applications for CUPs, the Commission and the Council may attach
whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts
associated with these uses, to protect the value of other property within the district, and to
achieve the goals and objectives of the Comprehensive Plan and City Code provisions. Such
conditions may include, but are not limited to, the following:
l. Controlling the number, area, bulk, height, density, intensity, and location of such uses.
2. Regulating ingress and egress to the property and the proposed structures thereon with
particular reference to vehicle and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or other catastrophe.
3. Regulating off-street parking and loading areas where required.
4. Specifying utilities with reference to location availability and compatibility.
5. Requiring berming, fencing, screening, landscaping or other facilities to protect nearby
property. ''
6. Ensuring compatibility of appearance. '
In determining such conditions, special consideration shall be given to protecting immediately
adjacent properties from objectionable views, noise, traffic and other negative characteristics
associated with such uses.
_ _ _ _ _
E. Revocation: Failure to comply with any condition set forth in a CUP, or any other violation of
City Code provisions, shall also constitute suf�icient cause for the termination of the CUP by
the Council following a public hearing.
F. Expiration: In any case where a conditional use has riot been established within one (1)year
of the date on which the CUP was granted, the permit shall be null and void. If the conditional
use is discontinued for six(6) months, the CUP shall be null and void.
G. Permittee: A CUP shall be issued for a particular use and not for a particular person.
12.8: INTERIlVI USE PERMITS (IUP):
A. Application,Public Hearing,Notice and Procedure: The application, public hearing, public
notice and procedure requirements for interim use permits shall be the same as those for ',
amendments as provided in Section 16 of this Ordinance, except that the permit shall be issued ',
on the affirmative vote of a majority of the entire Council. Specific submissions required to
complete an application for an interim use permit shall be specified for each type of interim use
allowed.
B. Termination; An IUP shall terminate on the happening of any of the following events,
whichever first occurs:
l. The date stated in the permit. �
2. Upon violation of the condition under which the permit was issued.
3. Upon change in the City's zoning regulation which renders the use nonconforming.
C. Standards:
1. The interim use must be allowed in the zoning district where the property is located.
2. The interim use must meet or exceed the performance standards set forth in this Ordinance
and other applicable City ordinances.
3. The interim use must comply with the specific standards for he use identified in'this
Ordinance, and must comply with all conditions of approval which shall be included in an
I[JP agreement.
D. Conditions: The City may attach condition to approval of a permit to mitigate anticipated
adverse impacts associated with the use, to ensure cornpliance with the standards of approval,
to protect the value of other property, and to achieve the goals and objectives of the
Comprehensive Plan.
E. Findings for Interim Use Permits:
1. The extent, location, and intensity of the use will be substantial compliance with the
Comprehensive Plan.
2. The use will provide adequate ingress and egress to minimize traffic congestion in the
public streets.
3. The use will not be detrimental to the existing character of the development in the
immediate neighborhood or endanger the public health, safety, and general welfare.
4. The use will not impede the normal and orderly development and improvement of the
surrounding property for uses permitted in the district.
5. The use shall, in all other respects, conform to the applicable regulations of the district in
which it is located.
F. Modification of Standards or Conditions: The Council, after public hearing, may modify
standards or conditions required for the IUP, when strict application of such standards or
conditions would unreasonably limit or prevent otherwise lawful use of a property or an existing
structure and would result in exceptional undue hardship to the owner of such property or
structure; provided, that such modification will not impair the intent and purpose of such
standards or conditions and is consistent with reasonable enjoyment of adjacent property. (Ord.
B-32, 9-21-93)
12.9: FLOOD PLAIN DISTRICT CONDITIONAL USES:
A. Application: The Commission shall hear and decide applications for conditional uses
pernussible under Section 6.18, Flood Plain District. Applications shall be submitted to the
Planning Department and forwarded to the Commission for consideration. The applicant shall
furnish the following information as deemed necessary by the Community Development
Department for determining the suitability of the particular site for the proposed use:
1. Plans in triplicate drawn to scale prepared by a registered engineer showing the nature,
location, dimensions, and elevation of the lot, e�sting or proposed structures, fill, storage
of materials, floodproofing measures, and the relationship of the above to the location of
the stream channel and meeting all other requirements of Section 11.4.B. Site Plan
Contents, of this Ordinance.
2. Specifications for building construction and materials, floodproofing, filling, dredging,
grading, channel improvement, storage of materials, water supply, and sanitary facilities.
The City Engineer or designee shall evaluate the proposed project in relation to flood
heights and velocities, the seriousness of flood damage to the use, the adequacy of the
plans for protection, and other technical matters. Based upon the technical evaluation, the
Commission shall determine the specified flood hazard at the site and evaluate the
suitability of the proposed use in relation to the flood hazard.
B. Flctors and Conditions: In reviewing conditional use applications, the Commission shall '
consider all relevant factors specified in other sections of this Ordinance and:
1. The danger to life and property due to increased flood heights or velocities caused by
encroachments.
2. The danger that materials may be swept onto other lands or downstream to the injury of
others or they may block bridges, culverts, or other hydraulic structures.
3. The proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination, and unsanitary conditions.
4. The susceptibility of the proposed facility and its contents to flood damage and the effect
of such damage on the individual owner.
5. The importance of the services provided by the proposed facility to the community.
6. The requirements of the facility for a waterfront location.
7. The availability of alternative locations not subject to flooding for the proposed use.
8. The compatibility of the proposed use with e�sting development and development
anticipated in the foreseeable future.
9. The relationship of the proposed use to the Comprehensive Plan and flood plain
management`program for the area.
10. The safety of access to the property in times of flood for ordinary and emergency vehicles.
1 l. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood
waters expected at the site.
12. Such other factors which are relevant to the purposes of this Ordinance.
C. Public Hearings: Within sixty(60)days from the date of application for conditional use permit,
the CommunityDevelopemnt Department shall submit the application to the Corrunission. The
Commission shall set a time for public hearing and give the applicant at least ten (10) days
written notice thereof.Notice of the hearing shall be published at least ten(10) days prior to the
hearing and notice shall be mailed to each property owner within one-fourth ('/4) mile of the
affected property.
D. Decisions: The Commission shall render its written decision on a conditional use permit within
thirty (30) days following the public hearing. In granting a conditional use permit the
Commission may prescribe appropriate conditions and safeguards which are in conformity with ',
the purposes of this Section. The conditional use permit must be title registered with the
property in the office of the County Recorder.
E. Subject to Appeal: Al} decisions by the Commission granting or denying a conditional use
permit shall be final subject to appeal to the Council as outlined in Section 12,3 of this
Ordinance.
F. Notify Commissioner of Natural Resources: A copy of the application for the proposed
conditional uses shall be submitted to the Commissioner of Natural Resources sufficiently in
advance so that the Commissioner will receive at least ten (10) days notice of the hearing. A
copy of all decisions granting conditional use permits shall be forwarded to the Commissioner
of Natural Resources within ten (10) days of such action.
G. Conditions Imposed: The Commission may attach such conditions to the granting of
conditional use permits deemed necessary to fulfill the purposes of this Ordinance. Such
conditions may include, but are not limited to the following:
1. Modification of waste treatment and water supply facilities.
2. Limitations on period of use, occupancy, and operation.
3. Imposition of operational controls, sureties, and deed restrictions.
4. Requirements for construction of channel modifications, compensatory storage, dikes,
levees, and other protective measures.
5. Floodpraofing measures, in accordance with the State Building Code and this Ordinance.
The applicant shall submit a plan or document certified by a registered professional
engineer or architect that the floodproofing measures are consistent with the Regulatory
Flood Protection Elevation and associated flood factors for the particular area.
H. Violation of Conditional Use Permit: Violations of conditions and safeguards, when made a
part of the terms under which the conditional use pernut is granted, shall be deemed a violation
of this Ordinance punishable under Section 14.2 of this Ordinance.
12.10: CEMETERIES:
A. Application,Public Hearing,Notice,and Procedure: The application, public hearing, public
notice, and procedure requirements for cemeteries shall be the same as for Planned Unit
Development(PUD) as provided in Section 11.9 of this Ordina.nce. At the time of plat approval,
a security in the form of a performance bond, letter of credit or other such fortn as deemed
necessary to secure the landscape improvements and perpetual maintenance for the platted
portion of the cemetery will be required.
1. All cemeteries must be platted so that each gravesite will have a lot and block number.
2. Cemeteries must have a minimum acreage size of five acres.
3. All gravesites must be setback a minimum of fifty (50) feet from any cemetery property
boundary.
4. All gravesites must be setback a minimum of one hundred fifty(150) feet from any portable
water welL i
5. No gravesite shall be located in a flood hazard area within a 500-year flood event
boundary.
6. Any cemetery not completely enclosed by a secured fence after closing, nor staffed by on-
site personnel during daylight hours shall be developed as a memorial park with no above
ground gravesite markers. '
7. All cemeteries must have planting strips or bufferyards adjacent to residential districts or
uses, public uses and public rights-of-way. In the absence of a planting strip along a
property line, boulevard trees are required to be planted at fifty foot intervals. The interior
of the cemetery must have a minimum of one tree per five thousand square feetto break
up the large expanse of turf area.
8. All gravesites must be within two hundred (200) feet of interior access drives, if the
cemetery is to be open to public access. All interior driveways must be paved in accordance
with standards specified in Section 7 of the Zoning Ordinance.
' 9. All gra�esites must have minimum direct frontage to a six (6) foot wide land containing no
gravesites to provide access to gravesites for equipment.
10. All burials must utilize a concrete vault to avoid risk of cave-ins, buried to a minimum
depth of six (6) feet so that no portion of the grave is above the frost line during winter
months.
11. Cemeteries must have direct access to a collector�or arterial street.
12. All cemetery development will require site plan review approval and will be subject to the
conditions for grading permits as specified in Section 11.6 of the Zoning Ordinance. In
addition, soil borings will be required to determine the depth of the water table and the soil
structure appropriateness for burials.
13. All gravesites shall be setback a minimum of one hundred (100) feet from any wetland.
1211: AMENDMENTS:
A. PURPOSE: The purpose of this Section is to allow for additions or revisions to the provisions
of this Ordinance and changes in zoning district boundaries.
B. PROCEDURES:
1. Initiation: An amendment to this Ordinance may be initiated by the Council, Commission
or by petition of a landowner.
2. Application: Applications provided by the City shall be completed in writing prior to any
consideration for an amendment to this Ordinance. Zoning amendment fees are established
by resolution of the Council. Applications sha11 not be formally accepted until all supportive
or supplementary information has been furnished by the applicant.
3. Commission Recommendation: An amendment not initiated by the Commission shall be
referred to the Commission for study and report and may not be acted upon by the Council
until it has received the recommendation of the Commission on the proposed amendment
or until sixty(60)days have elapsed from the date of reference of the amendment without
a report by the Commission.
4. Public Hearing: No amendment to this Ordinance shall be considered until a public
hearing has been held by the Commission. A notice of the time, place and purpose of the
hearing shall be published in the City's official newspaper, at least ten (10) days prior to
the hearing. Amendments affecting changes in zoning districts shall require mailed notice
to each property owner within three hundred fifty (350) feet of the ai�ected property
owner. However, zoning changes in the Agriculture, Agriculture Preserves and Rural
Residential Districts shall require mailed notice to each property owner within one-fourth
('/4)miles of the affected property. The City shall use its available records to determine the
names and addresses of property owners. Failure to give notice to individual property
owners or defects in the notice shall not invalidate the proceedings, provided a bona fide
attempt was made to comply with these provisions.
5. Council Action: Amendments to this Ordinance require a two-thirds (2/3) vote of the
CounciL
6. Reapplication:No application for the same or substantially the same amendment shall be
made within six(6) months of the date of deniaL
7. Generally:Notice requirement and procedures set forth in this Section in excess of those
required by State law are directory. Failure to comply with such procedures will not
invalidate the proceedings.
SECTION 5. This ordinance shall be effective immediately upon its passage and publication
according to law.
ENACTED AND ORDAINED into an Ordinance this 2nd day of December, 1997.
CITY OF ROSEMOUNT
Cathy Busho, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Published in the Rosemount Town Pages this day of , 1997.